28 April 1808

§. 6.

I. Reasons for the Work

§.6. Legislator should frame demand

§.6. It belongs to the legislator in every case to determine as far as may be the tenor, as well of the instrument of demand, as of the correspondent portion of substantive law in which the party's right to make the service demanded is grounded.

1. By §. 5. art.│ │ the conformity of the instrument of demand to the correspondent portion of substantive law ought to be entire. It belongs therefore to the legislator in every case to do what depends upon himself to secure such conformity. But by no other means can he render such security so entire, as by fixing, by his own choice, the words of both.

2. Of these words there are some which it is not possible for him to determine in every, nor so much as in any, individual instance. Those are all such words as are necessary to the characterizing of the individual case. But the impossibility he is under of performing this small part which is so easy to be performed by other hands affords no reason for his omitting to perform such parts as can not with equal security against failure be performed by any but his own.

 This prevents all nulliture[?]